HB 2162 -- Surgical Co-Management Arrangements

Co-Sponsors:  Johnson (61), Johnson (90), Thompson, Richardson,
Dempsey

This bill establishes a surgical co-management arrangement for
licensed ophthalmologists and optometrists.  The conditions which
allow a surgical co-management arrangement to be established are
contained in the bill.

The bill prohibits eye care providers in a co-management
arrangement from receiving a percentage of a global surgical fee
that exceeds the relative value of reasonable and necessary
services provided to a patient.

The bill requires that a patient or a legal guardian be fully
informed in writing about the surgical co-management arrangement
and to receive a statement verifying that the details of the
arrangement have been fully explained.  The bill contains the
areas which must be explained to the patient or the legal
guardian.

Co-managing eye care providers are required to communicate
regularly with patients and to establish written protocols
governing the provision of care to a patient.  If surgical
intervention is needed by a patient during a post-operative
period, the bill requires that the patient be referred back to
the original operating surgeon or a surgeon with comparable
skills.

The bill contains a surgical co-management arrangement safe
harbor provision in which prohibited acts would be excluded from
coverage.

The Board of Registration for the Healing Arts and the Board of
Optometry are required to enforce the provisions of the bill and
Chapters 334 and 336, RSMo, respectively.

The bill also requires the respective boards to coordinate the
content of any rules developed to implement provisions of the
bill.

The bill does not prohibit the right of any eye care provider to
participate or refuse to participate in any surgical co-
management arrangement.  The bill also does not limit the tort
liability of an ophthalmologist or optometrist with respect to
any aspect of patient care.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am